Charge
Possession or Casual Exchange (Class A Misdemeanor)
Location
Rutherford County, Judge Ben Bennett
Allegations
After a traffic stop for an equipment issue, officers asked to search the vehicle. The driver declined, a K-9 was called and, after a delay, alerted, leading to discovery of a few unprescribed pills and a trace amount of powder. We reviewed the reports and video to question the length of the detention and the basis for the canine deployment, and underscored the minimal quantity involved. The client began weekly drug testing and completed a drug education course, which we used in mitigation. The case was resolved to straight probation with no jail time.
Result
Probation
Charge
Unlawful Use of Drug Paraphernalia
Location
Rutherford County, Judge Ben Bennett
Allegations
After a traffic stop, officers extended the encounter for a K-9 sniff and searched the vehicle, reporting plastic vials with small spoons, baggies, and a scale. We scrutinized the justification for prolonging the stop and the dog deployment, and emphasized that the items were new and showed no drug residue. We pushed back against any claim that the materials suggested distribution, narrowing the focus to simple paraphernalia. Using those points in negotiation, we secured straight probation on the paraphernalia charge with no jail time.
Result
Probation
Charge
Possession or Casual Exchange
Location
Rutherford County, Judge Ben Bennett
Allegations
A nighttime equipment stop led officers to ask for a vehicle search, which the client declined; a K-9 was brought in and a small amount of a controlled substance was found. We scrutinized the length of the detention and the basis for the dog deployment, highlighting weaknesses in the search. At the same time, we built mitigation with clean drug screens and proof of completion of a drug education course. We presented the issues and mitigation to the state and pressed for a noncustodial outcome. The case was resolved as probation, keeping the client out of jail and limiting the impact of the charge.
Result
Probation
Charge
Misdemeanor Motion to Revoke Probation
Location
Rutherford County, Judge Ben Bennett
Allegations
The client faced a motion to revoke probation after a later traffic stop led to new drug-related allegations. We pulled the prior probation file and new police reports, flagging issues with an extended roadside detention and K-9 deployment. To demonstrate rehabilitation, we assembled a series of clean drug screens and proof of recent substance-education coursework. In negotiations, we pushed back on jail as a sanction and argued for continued supervision. The result was straight probation.
Result
Probation
Charge
Unlawful Possession of a Weapon
Location
Rutherford County, Judge Ben Bennett
Allegations
During a traffic stop for a minor equipment issue, officers called for a K-9 after the client declined consent to search, which led to a vehicle search. A handgun was discovered inside the vehicle, secured in a case and not on the client. We scrutinized the length of the detention before the dog arrived and highlighted how the firearm was stored, questioning whether the facts fit the charge. Leveraging those issues and mitigation we assembled, we pressed for a noncustodial resolution and negotiated probation.
Result
Probation
Charge
Theft of Property ($1,000 or Less)
Location
Rutherford County, SMYRNA JUSTICE CENTER
Allegations
Loss prevention stopped the client at a self checkout over a small amount of merchandise, and police issued a citation instead of an arrest. We coordinated the required booking and fingerprints, secured a waiver of the initial court appearance, and kept the client informed throughout. In negotiations, we emphasized the clean record and the low alleged value and pressed for a non conviction resolution. The prosecutor agreed to deferred adjudication, avoiding a conviction and positioning the client for expungement upon successful completion.
Result
Deferred Adjudication
Charge
Use of a Handheld Device While Driving
Location
Rutherford County, Judge Lisa Eischeid
Allegations
The stop began as a routine traffic issue. As the officer approached, he saw the client on a phone and added a charge for using a handheld device while driving. The client consistently said he placed the call only after pulling over with emergency lights behind him. We focused on the timing, challenged whether any use occurred while the vehicle was in motion, and pressed that gap with the prosecution. The matter was resolved with probation, avoiding incarceration and closing the case.
Result
Probation
Charge
DUI - First Offense
Location
Rutherford County, SMYRNA JUSTICE CENTER
Allegations
Stopped for a window tint violation, the client was questioned about alcohol use. After acknowledging a couple of drinks with dinner, they performed field sobriety tests and, under a warrant, later provided a blood sample. We pulled the dash and body camera footage, reports, and test paperwork. The video showed confusing instructions and performance that did not clearly indicate impairment, and there was a notable delay before the blood draw. We also documented a neurological condition and nonintoxicating prescription to explain observations. Faced with these problems, the state dismissed the case.
Result
Case Dismissed
Charge
Driving Under the Influence
Location
Rutherford County, Judge Lisa Eischeid
Allegations
Stopped after a right turn at a signal, the officer reported classic signs of intoxication. Field sobriety tests were conducted, an open container was noted, and a later blood draw reportedly came back around .19. We obtained the body and dash videos and the lab paperwork, scrutinized the timing of the draw and the margin of error, and challenged how the roadside tests were administered. Faced with those issues, the prosecution agreed to a resolution avoiding extended custody and placing the client on probation.
Result
Probation
Charge
Possession of a Handgun While Under the Influence
Location
Rutherford County, Judge Lisa Eischeid
Allegations
During a late-night traffic stop for a traffic signal violation, officers suspected intoxication and arrested our client. A lawfully owned handgun was found secured in the vehicle, leading to a charge for possessing a weapon while under the influence. We obtained the dash and body camera footage, scrutinized the basis for the stop, and documented that the firearm was not brandished or used. We highlighted the client’s minimal record and that the weapon remained stored in the car. After sustained negotiations with the prosecution, we resolved the weapons case for probation, avoiding additional jail time.
Result
Probation
Charge
Domestic Assault - Bodily Injury
Location
Rutherford County, Judge Ben Bennett
Allegations
Police were called after a domestic argument at a home escalated and both sides reported minor injuries. Officers later met our client at work and obtained a written statement after telling him he had to provide one, without advising of his rights according to the client. The initial case hinged on the complainant’s first account. We pulled the reports, documented inconsistencies between versions, and raised concerns about the voluntariness of the statement. The complainant later asked for peaceful contact and the client completed counseling. We presented all of this to the prosecutor, and the case was dismissed.
Result
Case Dismissed
Charge
Aggravated Assault - Strangulation
Location
Rutherford County, Judge Ben Bennett
Allegations
Police arrested our client after a domestic argument at a home escalated and the other party reported strangulation. He was contacted at work later and, according to him, was told he had to provide a written statement without Miranda warnings. We obtained the officer reports and body cam, compared them to the complainant's later statements, and documented key inconsistencies. The complainant then asked the court to allow peaceful contact. We presented the credibility problems and mitigation, and the prosecution dismissed the case.
Result
Case Dismissed
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